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2016 Supreme(HP) 2146

RAJIV SHARMA
Ajay Singh – Appellant
Versus
Anubala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ramakant Sharma.

JUDGMENT :

RAJIV SHARMA, J.

1. This appeal is instituted against the judgment dated 3.7.2015 rendered by the learned District Judge, Hamirpur in HMA No. 96 of 2012.

2. “Key facts” necessary for the adjudication of this appeal are that the appellant has filed a petition under section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955. The marriage between the parties was solemnized on 29.4.2004 as per Hindu rites and ceremonies. Appellant is serving in the Indian Army. He had taken the respondent to Jammu. Respondent became defiant and her behaviour was indifferent towards him. Respondent started torturing the appellant mentally by not obeying his commands. She was also taken to Dharamshala. Thereafter, she refused to join the company of the appellant. The petition was filed seeking divorce on the ground of cruelty and desertion.

3. The petition was contested by the respondent. Respondent has denied the allegations made in the petition. The allegations of mis-behaviour and defiant conduct were specifically denied.

4. Issues were framed by the District Judge on 8.3.2013. The District Judge dismissed the petition on 3.7.2015. Hence, the present appeal.

5. PW-1 Pritam Chand has deposed that th

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